Delhi HC reserves order in P Chidambaram’s anticipatory bail plea in INX Media case

The Delhi High Court today reserved its order in the anticipatory bail plea filed by former Union Minister and Congress leader P Chidambaram in relation to the INX Media case..The order was reserved by a Single Judge Bench of Justice Sunil Gaur after hearing the counsel appearing for Chidambaram and the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED)..Strongly opposing Chidambaram’s bail, Solicitor General Tushar Mehta, who was appearing for the two agencies, asked the Court to allow them to exercise their “statutory right to arrest” so as to enable them to interrogate Chidambaram in custody..Mehta relied upon the questionnaire provided to Chidambaram when he appeared for questioning before the the agencies in the INX Media case, to state that he is evasive and non-cooperative. Hence, it was necessary to undertake his custodial interrogation post-arrest..After the Court was informed that sanction was being sought from Centre to proceed against Chidambaram, Mehta further informed the Court that the investigation in the case was still ongoing..“(We found) sufficient material to seek sanction. Further investigation is needed to file a chargesheet“, he said..Senior Advocate Kapil Sibal, appearing for Chidambaram, argued that the case pertains to alleged irregularities in granting Foreign Investment Promotion Board (FIPB) clearance in 2007, for which investigation was initiated by the CBI and the ED only in 2018. He also stated that neither does the FIR in the case name Chidamabaram as an accused, nor can the sections invoked in the FIR make a case out against him..He submitted that while there is no evidence against Chidambaram for an offence against Section 420 IPC and Section 8 of the Prevention of Corruption Ac, 1988. He further informed the Court that Section 13(1)(d) of PC Act, which anyway could not have been applied retrospectively to the case, now stands repealed..Sibal also stated that the other four persons named as accused in the case – Chidambaram’s son Karti, Chartered Accountant S Bhaskaraman, and INX Media owners Peter and Indrani Mukerjea – are already on bail..Senior Advocate Abhishek Manu Singhvi also argued on Chidambaram’s behalf..He stated that since the matter was not placed for conviction of an accused, the Court need not look into the merits of the case..He further argued that the Court only needed to satisfy itself on three conditions before granting bail, i.e. absence of flight risk, no risk of evidence tampering, and accused being available for further investigation. As these conditions are satisfied in the present case, Chidambaram must be granted bail, Singhvi argued..Replying to the accusations of being evasive, Singhvi argued that purpose of questioning is not to confess, and that a person cannot be forced to give “an answer that you (Investigating Agencies) require”..The INX Media case pertains to the alleged irregularities in the Foreign Investment Promotion Board clearance to INX Media at the time when Chidambaram was the Finance Minister. It is the case of the CBI and the ED that the father-son Chidambaram duo received illegal gratification from INX Media owners, Peter and Indrani Mukherjea for the clearance.